- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (25/09/2019)
- Gwreiddiol (Fel y’i mabwysiadwyd gan yr UE)
Commission Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council
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Version Superseded: 31/12/2020
Point in time view as at 25/09/2019.
There are currently no known outstanding effects by UK legislation for Commission Regulation (EU) No 965/2012, ANNEX VII .
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Textual Amendments
F1 Inserted by Commission Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (Text with EEA relevance).
Textual Amendments
F3 Substituted by Commission Implementing Regulation (EU) 2019/1384 of 24 July 2019 amending Regulations (EU) No 965/2012 and (EU) No 1321/2014 as regards the use of aircraft listed on an air operator certificate for non-commercial operations and specialised operations, the establishment of operational requirements for the conduct of maintenance check flights, the establishment of rules on non-commercial operations with reduced cabin crew on board and introducing editorial updates concerning air operations requirements (Text with EEA relevance).
Alternative means of compliance to those adopted by the Agency may be used by an operator to establish compliance with Regulation (EC) No 216/2008 and its Implementing Rules.
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Textual Amendments
[F6Introductory flights referred to in Article 6(4a)(c) of this Regulation, when conducted in accordance with this Annex, shall:
Textual Amendments
[F7start and end at the same aerodrome or operating site;]
be operated under VFR by day;
be overseen by a nominated person responsible for their safety; and
comply with any other conditions stipulated by the competent authority.] ]
Textual Amendments
Textual Amendments
An NCO operator may use other than complex motor-powered aircraft listed on an operator's AOC to conduct non-commercial operations in accordance with this Annex.
The NCO operator using the aircraft in accordance with point (a) shall establish a procedure:
clearly describing how operational control of the aircraft is transferred between the AOC holder and the NCO operator, as referred to in point ORO.GEN.310 of Annex III;
describing the handover procedure of the aircraft upon its return to the AOC holder.
That procedure shall be included in a contract between the AOC holder and the NCO operator.
The NCO operator shall ensure that the procedure is communicated to the relevant personnel.
The continuing airworthiness of the aircraft used pursuant to point (a) shall be managed by organisation responsible for the continuing airworthiness for the aircraft included in the AOC, in accordance with Regulation (EU) No 1321/2014.
The NCO operator using the aircraft in accordance with point (a) shall ensure the following:
that every flight conducted under its operational control is recorded in the aircraft technical log system;
that no changes to the aircraft systems or configuration are made;
that any defect or technical malfunction occurring while the aircraft is under its operational control is reported to the organisation referred to in point (c) immediately after the flight;
that the AOC holder receives a copy of any occurrence report related to the flights performed with the aircraft, completed in accordance with Regulation (EU) No 376/2014 and Regulation (EU) 2015/1018.]
Textual Amendments
F8 Inserted by Commission Implementing Regulation (EU) 2019/1384 of 24 July 2019 amending Regulations (EU) No 965/2012 and (EU) No 1321/2014 as regards the use of aircraft listed on an air operator certificate for non-commercial operations and specialised operations, the establishment of operational requirements for the conduct of maintenance check flights, the establishment of rules on non-commercial operations with reduced cabin crew on board and introducing editorial updates concerning air operations requirements (Text with EEA relevance).
the safety of the aircraft and of all crew members, passengers and cargo on board during aircraft operations as referred to in 1.c of Annex IV to Regulation (EC) No 216/2008;
the initiation, continuation, termination or diversion of a flight in the interest of safety;
ensuring that all operational procedures and checklists are complied with as referred to in 1.b of Annex IV to Regulation (EC) No 216/2008;
only commencing a flight if he/she is satisfied that all operational limitations referred to in 2.a.3 of Annex IV to Regulation (EC) No 216/2008 are complied with, as follows:
the aircraft is airworthy;
the aircraft is duly registered;
[F7instruments and equipment required for the execution of that flight are installed in the aircraft and are operative, unless operation with inoperative equipment is permitted by the minimum equipment list (MEL) or equivalent document, if applicable, as provided for in points NCO.IDE.A.105 or NCO.IDE.H.105;]
[F9the mass of the aircraft and the centre of gravity location are such that the flight can be conducted within limits prescribed in the airworthiness documentation;]
all equipment, baggage and cargo are properly loaded and secured and an emergency evacuation remains possible; [F10 and]
the aircraft operating limitations as specified in the aircraft flight manual (AFM) will not be exceeded at any time during the flight; [F11and]
[F11any navigational database required for PBN is suitable and current;]
not commencing a flight if he/she is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
not continuing a flight beyond the nearest weather-permissible aerodrome or operating site when his/her capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
deciding on acceptance of the aircraft with unserviceabilities in accordance with the configuration deviation list (CDL) or minimum equipment list (MEL), as applicable; and
recording utilisation data and all known or suspected defects in the aircraft at the termination of the flight, or series of flights, in the aircraft technical log or journey log for the aircraft.
Textual Amendments
F9 Substituted by Commission Regulation (EU) 2018/394 of 13 March 2018 amending Regulation (EU) No 965/2012 as regards the deletion of air operations requirements for balloons.
[F9keep his/her safety belt fastened while at his/her station; and]
remain at the controls of the aircraft at all times except if another pilot is taking the controls.
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Textual Amendments
An aeroplane shall only be taxied on the movement area of an aerodrome if the person at the controls:
is an appropriately qualified pilot; or
has been designated by the operator and:
is trained to taxi the aeroplane;
is trained to use the radio telephone, if radio communications are required;
has received instruction in respect of aerodrome layout, routes, signs, marking, lights, air traffic control (ATC) signals and instructions, phraseology and procedures; and
is able to conform to the operational standards required for safe aeroplane movement at the aerodrome.
A helicopter rotor shall only be turned under power for the purpose of flight with a qualified pilot at the controls.
The pilot-in-command shall not permit any person to use a portable electronic device (PED) on board an aircraft, including an electronic flight bag (EFB), that could adversely affect the performance of the aircraft systems and equipment or the ability of the flight crew member to operate the aircraft.]
Except for aircraft taking-off and landing at the same aerodrome/operating site, the operator shall, at all times, have available for immediate communication to rescue coordination centres (RCCs) lists containing information on the emergency and survival equipment carried on board.
the AFM, or equivalent document(s);
the original certificate of registration;
the original certificate of airworthiness (CofA);
the noise certificate, if applicable;
the list of specific approvals, if applicable;
the aircraft radio licence, if applicable;
the third party liability insurance certificate(s);
the journey log, or equivalent, for the aircraft;
details of the filed ATS flight plan, if applicable;
current and suitable aeronautical charts for the route [F5area] of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted;
procedures and visual signals information for use by intercepting and intercepted aircraft;
the MEL or CDL, if applicable; and
any other documentation that may be pertinent to the flight or is required by the States concerned with the flight.
intending to take off and land at the same aerodrome/operating site; or
remaining within a distance or area determined by the competent authority,
the documents and information in (a)(2) to (a)(8) may be retained at the aerodrome or operating site.
they are not subject to the Technical Instructions in accordance with Part 1 of those Instructions; or
they are carried by passengers or the pilot-in-command, or are in baggage, in accordance with Part 8 of the Technical Instructions;
they are carried by operators of ELA2 aircraft.
The packing and loading on board of the above-mentioned articles and substances shall be performed, under the responsibility of the pilot in command, in such a way as to minimise the risks posed to crew members, passengers, cargo or the aircraft during aircraft operations.]
The operator shall implement:
any safety measures mandated by the competent authority in accordance with ARO.GEN.135(c); and
any relevant mandatory safety information issued by the Agency, including airworthiness directives.
Particulars of the aircraft, its crew and each journey shall be retained for each flight, or series of flights, in the form of a journey log, or equivalent.
the document shall provide for the operation of the aircraft, under specified conditions, with particular instruments, items of equipment or functions inoperative at the commencement of the flight;
the document shall be prepared for each individual aircraft, taking account of the operator’s relevant operational and maintenance conditions; and
the MEL shall be based on the relevant Master Minimum Equipment List (MMEL), as defined in the data established in accordance with Commission Regulation (EU) No 748/2012 (1) , and shall not be less restrictive than the MMEL.
The pilot-in-command shall only use aerodromes and operating sites that are adequate for the type of aircraft and operation concerned.
For the selection of alternate aerodromes and the fuel policy, the pilot-in-command shall consider an aerodrome as an isolated aerodrome if the flying time to the nearest adequate destination alternate aerodrome is more than:
for aeroplanes with reciprocating engines, 60 minutes; or
for aeroplanes with turbine engines, 90 minutes.
not be lower than those established by the State in which the aerodrome is located, except when specifically approved by that State; and
when undertaking low visibility operations, be approved by the competent authority in accordance with Annex V (Part-SPA), Subpart E to Regulation (EU) No 965/2012.
the type, performance and handling characteristics of the aircraft;
his/her competence and experience;
the dimensions and characteristics of the runways and final approach and take-off areas (FATOs) that may be selected for use;
the adequacy and performance of the available visual and non-visual ground aids;
the equipment available on the aircraft for the purpose of navigation and/or control of the flight path, during the take-off, the approach, the flare, the landing, the rollout and the missed approach;
the obstacles in the approach, the missed approach and the climb-out areas necessary for the execution of contingency procedures;
the obstacle clearance altitude/height for the instrument approach procedures;
the means to determine and report meteorological conditions; and
the flight technique to be used during the final approach.
the ground equipment required for the intended procedure is operative;
the aircraft systems required for the type of approach are operative;
the required aircraft performance criteria are met; and
the pilot is qualified appropriately.
the minimum height to which the approach aid can be used without the required visual reference;
the obstacle clearance height (OCH) for the category of aircraft;
the published approach procedure DH where applicable;
the system minimum specified in Table 1; or
the minimum DH specified in the AFM or equivalent document, if stated.
the OCH for the category of aircraft;
the system minimum specified in Table 1; or
the minimum MDH specified in the AFM, if stated.
Table 1 | |
System minima | |
Facility | Lowest DH/MDH (ft) |
---|---|
Instrument landing system (ILS) | 200 |
Global navigation satellite system (GNSS)/Satellite-based augmentation system (SBAS) (Lateral precision with vertical guidance approach (LPV)) | 200 |
GNSS (Lateral Navigation (LNAV)) | 250 |
GNSS/Baro-vertical navigation (VNAV) (LNAV/VNAV) | 250 |
Localiser (LOC) with or without distance measuring equipment (DME) | 250 |
Surveillance radar approach (SRA) (terminating at ½ NM) | 250 |
SRA (terminating at 1 NM) | 300 |
SRA (terminating at 2 NM or more) | 350 |
VHF omnidirectional radio range (VOR) | 300 |
VOR/DME | 250 |
Non-directional beacon (NDB) | 350 |
NDB/DME | 300 |
VHF direction finder (VDF) | 350 |
the published circling OCH for the aeroplane category;
the minimum circling height derived from Table 1; or
the DH/MDH of the preceding instrument approach procedure.
the circling visibility for the aeroplane category, if published;
the minimum visibility derived from Table 2; or
the runway visual range/converted meteorological visibility (RVR/CMV) of the preceding instrument approach procedure.
Table 1 | ||||
MDH and minimum visibility for circling vs. aeroplane category | ||||
Aeroplane category | ||||
---|---|---|---|---|
A | B | C | D | |
MDH (ft) | 400 | 500 | 600 | 700 |
Minimum meteorological visibility (m) | 1 500 | 1 600 | 2 400 | 3 600 |
The MDH for an onshore circling operation with helicopters shall not be lower than 250 ft and the meteorological visibility not less than 800 m.
Textual Amendments
provided obstacle clearance criteria can be observed, full account is taken of the operating conditions and any ATC clearance is adhered to; or
when being radar-vectored by an ATC unit.
The pilot-in-command shall ensure that, when PBN is required for the route or procedure to be flown:
the relevant PBN navigation specification is stated in the AFM or other document that has been approved by the certifying authority as part of an airworthiness assessment or is based on such approval; and
the aircraft is operated in conformance with the relevant navigation specification and limitations in the AFM or other document mentioned above.]
The pilot-in-command shall take into account published noise abatement procedures to minimise the effect of aircraft noise while ensuring that safety has priority over noise abatement.
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for visual flight rules (VFR) flights:
by day, taking-off and landing at the same aerodrome/landing site and always remaining in sight of that aerodrome/landing site, to fly the intended route and thereafter for at least 10 minutes at normal cruising altitude;
by day, to fly to the aerodrome of intended landing and thereafter to fly for at least 30 minutes at normal cruising altitude; or
by night, to fly to the aerodrome of intended landing and thereafter to fly for at least 45 minutes at normal cruising altitude;
for IFR flights:
when no destination alternate is required, to fly to the aerodrome of intended landing and thereafter to fly for at least 45 minutes at normal cruising altitude; or
when a destination alternate is required, to fly to the aerodrome of intended landing, to an alternate aerodrome and thereafter to fly for at least 45 minutes at normal cruising altitude.
forecast meteorological conditions;
anticipated ATC routings and traffic delays;
procedures for loss of pressurisation or failure of one engine while en-route, where applicable; and
any other condition that may delay the landing of the aeroplane or increase fuel and/or oil consumption.
for VFR flights, to fly to the aerodrome/operating site of intended landing and thereafter to fly for at least 20 minutes at best-range-speed; and
for IFR flights:
when no alternate is required or no weather-permissible alternate aerodrome is available, to fly to the aerodrome/operating site of intended landing, and thereafter to fly for 30 minutes at holding speed at 450 m ( 1 500 ft) above the destination aerodrome/operating site under standard temperature conditions and approach and land; or
when an alternate is required, to fly to and execute an approach and a missed approach at the aerodrome/operating site of intended landing, and thereafter:
to fly to the specified alternate; and
to fly for 30 minutes at holding speed at 450 m ( 1 500 ft) above the alternate aerodrome/operating site under standard temperature conditions and approach and land.
forecast meteorological conditions;
anticipated ATC routings and traffic delays;
procedures for loss of pressurisation or failure of one engine while en-route, where applicable; and
any other condition that may delay the landing of the aircraft or increase fuel and/or oil consumption.
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The pilot-in-command shall ensure that before or, where appropriate, during the flight, passengers are given a briefing on emergency equipment and procedures.
a study of available current weather reports and forecasts; and
the planning of an alternative course of action to provide for the eventuality that the flight cannot be completed as planned, because of weather conditions.
For IFR flights, the pilot-in-command shall specify at least one weather-permissible destination alternate aerodrome in the flight plan, unless:
the available current meteorological information indicates that, for the period from 1 hour before until 1 hour after the estimated time of arrival, or from the actual time of departure to 1 hour after the estimated time of arrival, whichever is the shorter period, the approach and landing may be made under visual meteorological conditions (VMC); or
the place of intended landing is isolated and:
an instrument approach procedure is prescribed for the aerodrome of intended landing; and
available current meteorological information indicates that the following meteorological conditions will exist from 2 hours before to 2 hours after the estimated time of arrival:
a cloud base of at least 300 m ( 1 000 ft) above the minimum associated with the instrument approach procedure; and
visibility of at least 5,5 km or of 4 km more than the minimum associated with the procedure.
For IFR flights, the pilot-in-command shall specify at least one weather-permissible destination alternate aerodrome in the flight plan, unless:
an instrument approach procedure is prescribed for the aerodrome of intended landing and the available current meteorological information indicates that the following meteorological conditions will exist from 2 hours before to 2 hours after the estimated time of arrival, or from the actual time of departure to 2 hours after the estimated time of arrival, whichever is the shorter period:
a cloud base of at least 120 m (400 ft) above the minimum associated with the instrument approach procedure; and
visibility of at least 1 500 m more than the minimum associated with the procedure; or
the place of intended landing is isolated and:
an instrument approach procedure is prescribed for the aerodrome of intended landing;
available current meteorological information indicates that the following meteorological conditions will exist from 2 hours before to 2 hours after the estimated time of arrival:
the cloud base is at least 120 m (400 ft) above the minimum associated with the instrument approach procedure;
visibility is at least 1 500 m more than the minimum associated with the procedure; and
a point of no return (PNR) is determined in case of an offshore destination.
The pilot-in-command shall ensure that sufficient means are available to navigate and land at the destination aerodrome or at any destination alternate aerodrome in the case of loss of capability for the intended approach and landing operation.]
The pilot-in-command shall ensure that, prior to and during taxiing, take-off and landing, and whenever deemed necessary in the interest of safety, each passenger on board occupies a seat or berth and has his/her safety belt or restraint device properly secured.]
The pilot-in-command shall not allow smoking on board:
whenever considered necessary in the interest of safety; and
during refuelling of the aircraft.
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The pilot-in-command shall only commence take-off if the aircraft is clear of any deposit that might adversely affect the performance or controllability of the aircraft, except as permitted in the AFM.
Before commencing take-off, the pilot-in-command shall be satisfied that:
according to the information available, the weather at the aerodrome or operating site and the condition of the runway or FATO intended to be used would not prevent a safe take-off and departure; and
applicable aerodrome operating minima will be complied with.
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situations that require the application of abnormal or emergency procedures; or
flight in instrument meteorological conditions (IMC).
The pilot-in-command shall check at regular intervals that the amount of usable fuel remaining in flight is not less than the fuel required to proceed to a weather-permissible aerodrome or operating site and the planned reserve fuel as required by points NCO.OP.125 or NCO.OP.126.]
The pilot-in-command shall ensure that all flight crew members engaged in performing duties essential to the safe operation of an aircraft in flight use supplemental oxygen continuously whenever he/she determines that at the altitude of the intended flight the lack of oxygen might result in impairment of the faculties of crew members, and shall ensure that supplemental oxygen is available to passengers when lack of oxygen might harmfully affect passengers.
In any other case when the pilot-in-command cannot determine how the lack of oxygen might affect all occupants on board, he/she shall ensure that:
all crew members engaged in performing duties essential to the safe operation of an aircraft in flight use supplemental oxygen for any period in excess of 30 minutes when the pressure altitude in the the passenger compartment will be between 10 000 ft and 13 000 ft; and
all occupants use supplemental oxygen for any period that the pressure altitude in the the passenger compartment will be above 13 000 ft.]
When undue proximity to the ground is detected by the pilot-in-command or by a ground proximity warning system, the pilot-in-command shall take corrective action immediately in order to establish safe flight conditions.
When ACAS II is used, operational procedures and training shall be in accordance with Regulation (EU) No 1332/2011.
Before commencing an approach to land, the pilot-in-command shall be satisfied that, according to the information available, the weather at the aerodrome or the operating site and the condition of the runway intended to be used do not prevent a safe approach, landing or missed approach.]
Textual Amendments
F14 Substituted by Commission Implementing Regulation (EU) 2019/1387 of 1 August 2019 amending Regulation (EU) No 965/2012 as regards requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on certain aircraft safety equipment and requirements and operations without holding an extended range operational approval.
Before commencing an approach to land, the pilot-in-command shall be satisfied that, according to the information available, the weather at the aerodrome or the operating site and the condition of the final approach and take-off area (FATO) intended to be used do not prevent a safe approach, landing or missed approach.]
Textual Amendments
F15 Inserted by Commission Implementing Regulation (EU) 2019/1387 of 1 August 2019 amending Regulation (EU) No 965/2012 as regards requirements for aeroplane landing performance calculations and the standards for assessing the runway surface conditions, update on certain aircraft safety equipment and requirements and operations without holding an extended range operational approval.
below 1 000 ft above the aerodrome; or
into the final approach segment in the case where the decision altitude/height (DA/H) or minimum descent altitude/height (MDA/H) is more than 1 000 ft above the aerodrome.
When ACAS II is used, pilot-in-command shall apply the appropriate operational procedures and be adequately trained.]
The operator shall ensure that the mass and the CG of the aircraft have been established by actual weighing prior to the initial entry into service of the aircraft. The accumulated effects of modifications and repairs on the mass and balance shall be accounted for and properly documented. Such information shall be made available to the pilot-in-command. The aircraft shall be reweighed if the effect of modifications on the mass and balance is not accurately known.
[F7The weighing shall be accomplished by the manufacturer of the aircraft or by an approved maintenance organisation.] ]
The pilot-in-command shall only operate the aircraft if the performance is adequate to comply with the applicable rules of the air and any other restrictions applicable to the flight, the airspace or the aerodromes or operating sites used, taking into account the charting accuracy of any charts and maps used.
used by the flight crew to control the flight path;
used to comply with NCO.IDE.A.190;
used to comply with NCO.IDE.A.195; or
installed in the aeroplane.
spare fuses;
independent portable lights;
an accurate time piece;
first-aid kit;
survival and signalling equipment;
sea anchor and equipment for mooring;
child restraint device;
a simple PCDS used by a task specialist as a restraint device.
the information provided by those instruments or equipment shall not be used by the flight crew members to comply with Annex II to Regulation (EU) 2018/1139 or points NCO.IDE.A.190 and NCO.IDE.A.195 of Annex VII;
the instruments and equipment shall not affect the airworthiness of the aeroplane, even in the case of failures or malfunction.]
A flight shall not be commenced when any of the aeroplane instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless:
the aeroplane is operated in accordance with the MEL, if established; or
the aeroplane is subject to a permit to fly issued in accordance with the applicable airworthiness requirements.
Aeroplanes shall be equipped with spare electrical fuses, of the ratings required for complete circuit protection, for replacement of those fuses that are allowed to be replaced in flight.
Aeroplanes operated at night shall be equipped with:
an anti-collision light system;
navigation/position lights;
a landing light;
lighting supplied from the aeroplane’s electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the aeroplane;
lighting supplied from the aeroplane’s electrical system to provide illumination in all passenger compartments;
an independent portable light for each crew member station; and
lights to conform with the International Regulations for Preventing Collisions at Sea if the aeroplane is operated as a seaplane.
magnetic heading;
time, in hours, minutes and seconds;
[F3barometric altitude;]
indicated airspeed; and
Mach number, whenever speed limitations are expressed in terms of Mach number.
a means of measuring and displaying the following:
turn and slip;
attitude;
vertical speed; and
stabilised heading;
and
a means of indicating when the supply of power to the gyroscopic instruments is not adequate.
Aeroplanes operated under IFR shall be equipped with:
a means of measuring and displaying the following:
magnetic heading;
time in hours, minutes and seconds;
[F3barometric altitude;]
indicated airspeed;
vertical speed;
turn and slip;
attitude;
stabilised heading;
outside air temperature; and
Mach number, whenever speed limitations are expressed in terms of Mach number;
a means of indicating when the supply of power to the gyroscopic instruments is not adequate; and
a means of preventing malfunction of the airspeed indicating system required in (a)(4) due to condensation or icing.
Turbine-powered aeroplanes certified for a maximum passenger seating configuration of more than nine shall be equipped with a TAWS that meets the requirements for:
class A equipment, as specified in an acceptable standard, in the case of aeroplanes for which the individual certificate of airworthiness (CofA) was first issued after 1 January 2011 ; or
class B equipment, as specified in an acceptable standard, in the case of aeroplanes for which the individual CofA was first issued on or before 1 January 2011 .
Aeroplanes operated by more than one flight crew member shall be equipped with a flight crew interphone system, including headsets and microphones for use by all flight crew members.
a seat or berth for each person on board who is aged 24 months or more;
[F3a seat belt on each seat and restraining belts for each berth;]
a child restraint device (CRD) for each person on board younger than 24 months; and
[F6a seat belt with upper torso restraint system on each flight crew seat, having a single point release for aeroplanes having a CofA first issued on or after 25 August 2016 .]
readily accessible for use; and
kept up-to-date.
all crew members and:
100 % of the passengers for any period when the cabin pressure altitude exceeds 15 000 ft, but in no case less than 10 minutes’ supply;
at least 30 % of the passengers, for any period when, in the event of loss of pressurisation and taking into account the circumstances of the flight, the pressure altitude in the passenger compartment will be between 14 000 ft and 15 000 ft; and
at least 10 % of the passengers for any period in excess of 30 minutes when the pressure altitude in the passenger compartment will be between 10 000 ft and 14 000 ft;
and
all the occupants of the passenger compartment for no less than 10 minutes, in the case of aeroplanes operated at pressure altitudes above 25 000 ft, or operated below that altitude but under conditions that will not allow them to descend safely to a pressure altitude of 13 000 ft within 4 minutes.
Non-pressurised aeroplanes operated when an oxygen supply is required in accordance with NCO.OP.190 shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the required oxygen supplies.]
in the flight crew compartment; and
in each passenger compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.]
If areas of the aeroplane’s fuselage suitable for break-in by rescue crews in an emergency are marked, such areas shall be marked as shown in Figure 1.
an ELT of any type, when first issued with an individual CofA on or before 1 July 2008 ;
an automatic ELT, when first issued with an individual CofA after 1 July 2008 ; or
a survival ELT (ELT(S)) or a personal locator beacon (PLB), carried by a crew member or a passenger, when certified for a maximum passenger seating configuration of six or less.
single-engined landplanes when:
flying over water beyond gliding distance from land; or
taking off or landing at an aerodrome or operating site where, in the opinion of the pilot-in-command, the take-off or approach path is so disposed over water that there would be a likelihood of a ditching;
seaplanes operated over water; and
aeroplanes operated at a distance away from land where an emergency landing is possible greater than that corresponding to 30 minutes at normal cruising speed or 50 NM, whichever is less.
one anchor;
one sea anchor (drogue), when necessary to assist in manoeuvring; and
equipment for making the sound signals, as prescribed in the International Regulations for Preventing Collisions at Sea, where applicable.
equipment for making the distress signals;
life-rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency; and
life-saving equipment, to provide the means of sustaining life, as appropriate to the flight to be undertaken.
Aeroplanes operated over areas in which search and rescue would be especially difficult shall be equipped with such signalling devices and life-saving equipment, including means of sustaining life, as may be appropriate to the area overflown.
the ATS flight plan; if applicable; and
the applicable airspace requirements.
Where required by the airspace being flown, aeroplanes shall be equipped with a secondary surveillance radar (SSR) transponder with all the required capabilities.
Aeronautical databases used on certified aircraft system applications shall meet data quality requirements that are adequate for the intended use of the data.
The pilot-in-command shall ensure the timely distribution and insertion of current and unaltered aeronautical databases to the aircraft that require them.
Notwithstanding any other occurrence reporting requirements as defined in Regulation (EU) No 376/2014, the pilot-in-command shall report to the database provider instances of erroneous, inconsistent or missing data that might be reasonably expected to constitute a hazard to a flight.
In such cases, the pilot-in-command shall not use the affected data.]
used by the flight crew to control the flight path;
used to comply with NCO.IDE.H.190;
used to comply with NCO.IDE.H.195; or
installed in the helicopter.
independent portable lights;
an accurate time piece;
first-aid kit;
survival and signalling equipment;
sea anchor and equipment for mooring;
child restraint device;
a simple PCDS used by a task specialist as a restraint device.
the information provided by those instruments, equipment or accessories shall not be used by the flight crew members to comply with Annex II to Regulation (EU) 2018/1139 or points NCO.IDE.H.190 and NCO.IDE.H.195 of Annex VII;
the instruments and equipment or accessories shall not affect the airworthiness of the helicopter, even in the case of failures or malfunction.]
A flight shall not be commenced when any of the helicopter’s instruments, items of equipment or functions required for the intended flight are inoperative or missing, unless:
the helicopter is operated in accordance with the MEL, if established; or
the helicopter is subject to a permit to fly issued in accordance with the applicable airworthiness requirements.
Helicopters operated at night shall be equipped with:
an anti-collision light system;
navigation/position lights;
a landing light;
lighting supplied from the helicopter’s electrical system to provide adequate illumination for all instruments and equipment essential to the safe operation of the helicopter;
lighting supplied from the helicopter’s electrical system to provide illumination in all passenger compartments;
an independent portable light for each crew member station; and
lights to conform with the International Regulations for Preventing Collisions at Sea if the helicopter is amphibious.
magnetic heading;
time in hours, minutes and seconds;
[F3barometric altitude;]
indicated airspeed; and
slip.
a means of measuring and displaying the following:
attitude;
vertical speed; and
stabilised heading; and
a means of indicating when the supply of power to the gyroscopic instruments is not adequate.
Helicopters operated under IFR shall be equipped with:
a means of measuring and displaying the following:
magnetic heading;
time in hours, minutes and seconds;
[F3barometric altitude;]
indicated airspeed;
vertical speed;
slip;
attitude;
stabilised heading; and
outside air temperature;
a means of indicating when the supply of power to the gyroscopic instruments is not adequate;
a means of preventing malfunction of the airspeed indicating system required by (a)(4) due to condensation or icing; and
an additional means of measuring and displaying attitude as a standby instrument.
Helicopters operated under IFR with a single pilot shall be equipped with an autopilot with at least altitude hold and heading mode.
Helicopters operated by more than one flight crew member shall be equipped with a flight crew interphone system, including headsets and microphones for use by all flight crew members.
[F3a seat or berth for each person on board who is aged 24 months or more, or a station for each crew member or task specialist on board;
a seat belt on each passenger seat and restraining belts for each berth, and restraint devices for each station;]
for helicopters first issued with an individual CofA after 31 December 2012 , a seat belt with an upper torso restraint system for each passenger who is aged 24 months or more;
a child restraint device for each person on board younger than 24 months; and
a seat belt with upper torso restraint system incorporating a device that will automatically restrain the occupant’s torso in the event of rapid deceleration on each flight crew seat.
readily accessible for use; and
kept up-to-date.
Non-pressurised helicopters operated when an oxygen supply is required in accordance with NCO.OP.190 shall be equipped with oxygen storage and dispensing apparatus capable of storing and dispensing the required oxygen supplies.]
in the flight crew compartment; and
in each passenger compartment that is separate from the flight crew compartment, except if the compartment is readily accessible to the flight crew.
If areas of the helicopter’s fuselage suitable for break-in by rescue crews in an emergency are marked, such areas shall be marked as shown in Figure 1.
an automatic ELT; and
one survival ELT (ELT(S)) in a life-raft or life-jacket when the helicopter is operated at a distance from land corresponding to more than 3 minutes flying time at normal cruising speed.
flying over water beyond autorotational distance from land where in case of the critical engine failure, the helicopter is not able to sustain level flight; or
flying over water at a distance of land corresponding to more than 10 minutes flying at normal cruising speed, where in case of the critical engine failure, the helicopter is able to sustain level flight; or
taking off or landing at an aerodrome/operating site where the take-off or approach path is over water.
equipment for making the distress signals;
life-rafts in sufficient numbers to carry all persons on board, stowed so as to facilitate their ready use in emergency; and
life-saving equipment, to provide the means of sustaining life, as appropriate to the flight to be undertaken.
Helicopters, operated over areas in which search and rescue would be especially difficult, shall be equipped with such signalling devices and life-saving equipment, including means of sustaining life, as may be appropriate to the area overflown.
Helicopters flying over water in a hostile environment beyond a distance of 50 NM from land shall be either of the following:
designed for landing on water in accordance with the relevant certification specifications;
certified for ditching in accordance with the relevant certification specifications;
fitted with emergency flotation equipment.]
the ATS flight plan, if applicable; and
the applicable airspace requirements.
Where required by the airspace being flown, helicopters shall be equipped with a secondary surveillance radar (SSR) transponder with all the required capabilities.
Aeronautical databases used on certified aircraft system applications shall meet data quality requirements that are adequate for the intended use of the data.
The operator shall ensure the timely distribution and insertion of current and unaltered aeronautical databases to the aircraft that require them.
Notwithstanding any other occurrence reporting requirements as defined in Regulation (EU) No 376/2014, the operator shall report to the database provider instances of erroneous, inconsistent or missing data that might be reasonably expected to constitute a hazard to flight.
In such cases, the pilot-in-command shall not use the affected data.]
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This subpart establishes specific requirements to be followed by a pilot-in-command conducting non-commercial specialised operations with other-than complex motor-powered aircraft.]
Whenever crew members or task specialists are involved in the operation, the pilot-in-command shall
ensure compliance of crew members and task specialists with NCO.SPEC.115 and NCO.SPEC.120;
not commence a flight if any crew member or task specialist is incapacitated from performing duties by any cause such as injury, sickness, fatigue or the effects of any psychoactive substance;
not continue a flight beyond the nearest weather-permissible aerodrome or operating site when any crew member or task specialist’s capacity to perform duties is significantly reduced from causes such as fatigue, sickness or lack of oxygen;
ensure that crew members and task specialists comply with the laws, regulations and procedures of those States where operations are conducted;
ensure that all crew members and task specialists are able to communicate with each other in a common language; and
[F6ensure that task specialists and crew members use supplemental oxygen continuously whenever he/she determines that at the altitude of the intended flight the lack of oxygen might result in impairment of the faculties of crew members or harmfully affect task specialists. If the pilot-in-command cannot determine how the lack of oxygen might affect the occupants on board, he/she shall ensure that task specialists and crew members use supplemental oxygen continuously whenever the cabin altitude exceeds 10 000 ft for a period of more than 30 minutes and whenever the cabin altitude exceeds 13 000 ft.]
if he/she knows or suspects that he/she is suffering from fatigue as referred to in 7.f. of Annex IV to Regulation (EC) No 216/2008 or feels otherwise unfit to perform his/her duties; or
when under the influence of psychoactive substances or alcohol or for other reasons as referred to in 7.g of Annex IV to Regulation (EC) No 216/2008.
maintain his/her individual records regarding flight and duty times and rest periods as referred to in Annex III (Part-ORO), Subpart FTL to Regulation (EU) No 965/2012, if applicable; and
provide each operator with the data needed to schedule activities in accordance with the applicable FTL requirements.
any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and
any incident that was endangering, or could endanger, the safety of the operation.
any fault, failure, malfunction or defect, which he/she believes may affect the airworthiness or safe operation of the aircraft, including emergency systems; and
any incident that was endangering, or could endanger, the safety of the operation.
emergency equipment and procedures;
operational procedures associated with the specialised task before each flight or series of flights
The pilot-in-command shall establish minimum flight altitudes for each flight providing the required terrain clearance for all route segments to be flown in IFR. The minimum flight altitudes shall not be lower than those published by the State overflown.
NCO.OP.125(a)(1)(i) does not apply to sailplane-towing, flying display, aerobatic flights or competition flights.
Notwithstanding NCO.OP.126(a)(1), the pilot-in-command of a helicopter may only commence a VFR flight by day remaining within 25 NM of the aerodrome/operating site of departure with reserve fuel of not less than 10 minutes at best-range-speed.
Unless a task specialist is on-board the aircraft for training, the pilot-in-command shall, when carrying task specialists, not simulate:
situations that require the application of abnormal or emergency procedures; or
flight in instrument meteorological conditions (IMC).
If installed, the ground proximity warning system may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from the ground below that which would trigger the ground proximity warning system.
Notwithstanding NCO.OP.200, the ACAS II may be disabled during those specialised tasks, which by their nature require the aircraft to be operated within a distance from each other below that which would trigger the ACAS.
The pilot-in-command shall not operate an aircraft over congested areas of cities, towns or settlements or over an open-air assembly of persons when releasing dangerous goods.
When operating an aeroplane at a height of less than 150 m (500 ft) above a non-congested area, for operations of aeroplanes that are not able to sustain level flight in the event of a critical engine failure, the pilot-in-command shall have:
established operational procedures to minimise the consequences of an engine failure; and
briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.
the helicopter is certified in category A or B; and
safety measures are established to prevent undue hazard to persons or property on the ground
established operational procedures to minimise the consequences of an engine failure; and
briefed all crew members and task specialists on board on the procedures to be carried out in the event of a forced landing.
a hover out of ground effect (HOGE) with all engines operating at the appropriate power rating; or
if conditions prevail that a HOGE is not likely to be established, the helicopter mass shall not exceed the maximum mass specified for a hover in ground effect (HIGE) with all engines operating at the appropriate power rating, provided prevailing conditions allow a hover in ground effect at the maximum specified mass.
The checklist for HESLO shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The helicopter shall be equipped with at least:
one cargo safety mirror or alternative means to see the hook(s)/load; and
one load meter, unless there is another method of determining the weight of the load.
The operator transporting dangerous goods to or from unmanned sites or remote locations shall apply to the competent authority for an exemption from the provisions of the Technical Instructions if they intend not to comply with the requirements of those Instructions.
The checklist for HEC shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
hoist operations equipment or cargo hook;
one cargo safety mirror or alternative means to see the hook; and
one load meter, unless there is another method of determining the weight of the load.
The checklist for PAR shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The requirement laid down in NCO.SPEC.120(c) shall not be applicable for task specialists performing parachute jumping.
Notwithstanding NCO.IDE.A.140(a)(1) and NCO.IDE.H.140(a)(1), the floor of the aircraft may be used as a seat, provided means are available for the task specialist to hold or strap on.
Notwithstanding NCO.SPEC.110(f), the requirement to use supplemental oxygen shall not be applicable for crew members other than the pilot-in-command and for task specialists carrying out duties essential to the specialised task, whenever the cabin altitude:
exceeds 13 000 ft, for a period of not more than 6 minutes;, or
exceeds 15 000 ft, for a period of not more 3 minutes.
Notwithstanding point NCO.SPEC.160, parachutists may carry smoke trail devices and exit the aircraft for the purpose of parachute display over congested areas of cities, towns or settlements or over an open-air assembly of persons, provided those devices are manufactured for that purpose.]
The checklist for ABF shall contain:
normal, abnormal and emergency procedures;
relevant performance data;
required equipment;
any limitations; and
responsibilities and duties of the pilot-in-command, and, if applicable, crew members and task specialists.
The following documents and information listed in NCO.GEN.135(a) need not be carried during aerobatic flights:
details of the filed ATS flight plan, if applicable;
current and suitable aeronautical charts for the route/area of the proposed flight and all routes along which it is reasonable to expect that the flight may be diverted; and
procedures and visual signals information for use by intercepting and intercepted aircraft.
The following equipment requirements need not be applicable to aerobatic flights:
first-aids kit as laid down in NCO.IDE.A.145 and NCO.IDE.H.145;
hand-fire extinguishers as laid down in NCO.IDE.A.160 and NCO.IDE.H.180; and
emergency locator transmitters or personal locator beacons as laid down in NCO.IDE.A.170 and NCO.IDE.H.170.
Before conducting a maintenance check flight, the operator shall determine the applicable level of the maintenance check flight as follows:
a ‘ Level A ’ maintenance check flight for a flight where the use of abnormal or emergency procedures, as defined in the aircraft flight manual, is expected, or where a flight is required to prove the functioning of a backup system or other safety devices;
a ‘ Level B ’ maintenance check flight for any maintenance check flight other than a ‘ Level A ’ maintenance check flight.
By way of derogation from point NCO.GEN.105(a)(4) of this Annex, a maintenance check flight may be conducted with an aircraft that has been released to service with incomplete maintenance in accordance with point M.A.801(g) or point 145.A.50(e) of Annex I to Commission Regulation (EU) No 1321/2014.
[F14By way of derogation from point NCO.GEN.105(a)(4) of this Annex, a maintenance check flight may be conducted with an aircraft that has been released to service with incomplete maintenance in accordance with points M.A.801(f) of Annex I (Part-M), 145.A.50(e) of Annex II (Part-145) or ML.A.801(f) of Annex Vb (Part-ML) to Commission Regulation (EU) No 1321/2014.]
The checklist referred to in point NCO.SPEC.105 shall be updated as needed before each maintenance check flight and shall consider the operating procedures that are planned to be followed during the particular maintenance check flight.
Notwithstanding point NCO.SPEC.125(b), a safety briefing of the task specialist shall be required before each maintenance check flight.
When selecting a flight crew member for a maintenance check flight, the operator shall consider the aircraft complexity and the level of the maintenance check flight as defined in point NCO.SPEC.MCF.100.
The pilot-in-command shall identify the need for additional crew members or task specialists, or both, before each intended maintenance check flight, taking into consideration the expected flight crew member or task specialist workload and the risk assessment.
The pilot-in-command shall not allow persons on board other than those required under point (a) during a ‘ Level A ’ maintenance check flight.
By way of derogation from point NCO.SPEC.145, a pilot-in-command may simulate situations that require the application of abnormal or emergency procedures with a task specialist on board if the simulation is required to meet the intention of the flight and if it has been identified in the check list referred to in point NCO.SPEC.MCF.110 or in operating procedures.]
When a maintenance check flight is intended to check the proper functioning of a system or equipment, that system or equipment shall be identified as potentially unreliable, and appropriate mitigation measures shall be agreed prior to the flight in order to minimise risks to flight safety.] ] ]
Textual Amendments
F1 Inserted by Commission Regulation (EU) No 800/2013 of 14 August 2013 amending Regulation (EU) No 965/2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council (Text with EEA relevance).
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